Terms And Conditions
The patrons are requested to go through the Terms and Conditions carefully, as they access the services from Pinkminds Healthtech Private Limited.
Whenever you avail any of the services from Pinkminds Healthtech Private Limited, it shall be implied that you (a member, a user or a visitor) agree to the terms and conditions described herein. Whenever you click the I AGREE button anywhere on this website or any other platform of Pinkminds Healthtech Private Limited, it is implied that you agree with the stated TERMS OF SERVICE. Please note that these terms of service may be amended by Pinkminds Healthtech Private Limited at any time based on their discretion and/ or keeping in tune with the changing scenarios, laws and technology. However, also always bear in mind that they shall never be intended to directly affect or inhibit our customers/participant’s, service quality or satisfaction.
1. Description Of Pinkminds Healthtech Private Limited:
Pinkminds Healthtech Private Limited provides insights, content, reports, suggestions, affirmations, meeting services in the process of committing to our customers/participant’s journey towards better mental health via the World Wide Web, electronic mail, and mobile telephone, telephone, SMS. Although portions of the Content may be viewed simply by visiting the Pinkminds Healthtech Private Limited website (the General Services), in order to access the personalized information and/or receive additional services (being part of the community and events) from Pinkminds Healthtech Private Limited (the Personalized Services), you shall need to register.
2. The General Services And The Personalized Services
have been referred collectively as ‘Services’ in these Terms and conditions of Services. When a customers/participant’s avails any of the Personalized Services, the member agrees to:
- Provide the requisite amount of current, relevant, complete, and accurate information about himself/ herself, as and when prompted to do so by Pinkminds Healthtech Private Limited.
- Maintain and update this information, as and when required, to keep it current, complete and accurate.
- Please note that all information that We request and You provide on original sign-up, and all updates thereto, are referred to in these Terms and conditions of Services as Registration Data.
3. Eligibility:
The Services are available only to individuals who can form legally binding contracts under the applicable law. Without limiting the foregoing, the Services are not permitted to be used by minors (unless accompanied by their guardian/parent/relative who can legally enter in a contract) or temporarily or indefinitely suspended Pinkminds Healthtech Private Limited.
4. Registration Data:
Upon registration, You shall be entirely responsible for maintaining the confidentiality of your information from other customers/participant’s. You shall be responsible for all uses of your registration data, whether or not actually or expressly shared by you. You agree that your PII shared with Pinkminds Healthtech Private Limited may not be accessed by another party. You shall also agree to immediately notify Pinkminds Healthtech Private Limited of any unauthorized use of your information or any other breach of security
known to you on info@de-clutter.in.
5. Our Access To Your Information:
In order to ensure that GANESHASPEAKS.COM is able to provide high quality services, respond to customer needs, and comply with laws, you shall hereby consent to Pinkminds Healthtech Private Limited employees and agents being able to access your information on a case-by-case basis to investigate complaints or other allegations or suspected abuse.
6. Modification To Services; Breach; Termination:
Pinkminds Healthtech Private Limited may modify or discontinue (in whole or in part/s) any of its Services or your membership, with or without notice, for any reason without any liability to you, any other customers/participant’s, or any third party. Without limiting the foregoing, we also reserve the right to cancel/reschedule the delivery of services (a) if We are unable to verify or authenticate Your Registration Data or other information provided by you, (b) if We believe that your actions may cause legal liability for you, Pinkminds Healthtech Private Limited, or all or some of our other users, or (c) if We believe you have – provided us with false or misleading Registration Data or other information, have interfered with other users or the administration of the Services, or have violated these Terms and conditions of Services or our Privacy Policy.
7. Privacy Policy:
Privacy of our customers/participant’s and subsidiaries is very important to us, and thus is our Privacy Policy. This Privacy Policy may be updated from time to time, and the changes shall be incorporated into these Terms and conditions of Services for reference. We may amend our Privacy Policy from time to time pursuant to the terms for amending this Terms and conditions of Services.
8. Member Behavior And Restrictions:
COMPLIANCE WITH LAWS: Your right to use our Services is personal to you. You represent that you are an individual, and that You are not a corporation or other business entity. You agree not to resell or make any commercial use of the Services without the express written consent of Pinkminds Healthtech Private Limited. You are also solely responsible for the content of your transmissions through our Website. Your use of the Services is subject to all applicable local, state, national and internationa laws and regulations. You agree:
- To comply with all Indian laws regarding the transmission of technical data exported from India through our Services
- Not to use the Website or any of its Services for illegal purposes
- Not to interfere or disrupt networks connected to Pinkminds Healthtech Private Limited
- To comply with all applicable regulations, policies and procedures of networks connected to the Pinkminds Healthtech Private Limited website or any other assets; and
- To comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.
Pinkminds Healthtech Private Limited makes use of the Internet to send and receive certain messages. Therefore, your conduct is subject to Internet regulations, policies, and procedures. You will not use Pinkminds Healthtech Private Limited for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. You agree not to transmit through Pinkminds Healthtech Private Limited any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material/conduct of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to any information are strictly prohibited. You shall not interfere with any other Pinkminds Healthtech Private Limited’s members’ use or enjoyment of the Website or Services.
9. No Warranty
You ought to understand and agree that all the Services by Pinkminds Healthtech Private Limited are provided on the customers/participant’s demand. Besides, Pinkminds Healthtech Private Limited assumes no responsibility for availability (or lack thereof), deletions or failures to store any member communications or personalization settings. Application and understanding of all the insights, tools and suggestions are at the customers/participant’s discretion, and the customers/participant shall be solely responsible for any eventuality, if any arises. Pinkminds Healthtech Private Limited, on behalf of itself and its subsidiaries, disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, title, or non-infringement and it makes No Warranty or representation regarding the results that may be obtained from the use of content or services, the accuracy or reliability of any content obtained through the services, from Pinkminds Healthtech Private Limited, and makes No Warranty that the services will, at all times, meet your exact requirements, be 100% uninterrupted, 100% timely, secure or error free. No advice, suggestion or information, whether oral or written, obtained by you from Pinkminds Healthtech Private Limited shall create any such warranty.
10. Limitations Of Liability
In no event will Pinkminds Healthtech Private Limited or its suppliers be liable for any indirect, incidental, special, consequential or punitive damages of any kind, including but not limited to damages for loss of profits and the cost of procurement of substitute services (collectively, indirect damages) arising out of or in connection with our assets, the services, our privacy policy, or these terms and conditions of services (however arising, including negligence), even if Pinkminds Healthtech Private Limited had been advised of the possibility of such damages. without limiting the foregoing, Pinkminds Healthtech Private Limited will not be liable for indirect damages arising out of or in connection with: THE USE OF OR THE INABILITY TO USE THE SERVICES PURCHASED OR OBTAINED THROUGH Pinkminds Healthtech Private Limited, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH Pinkminds Healthtech Private Limited SERVICES; OR LOSS OF, UNAUTHORIZED ACCESS TO, OR ALTERATION OF customers/participant’s TRANSMISSIONS OR DATA
11. Indemnification:
You agree to indemnify, defend and hold harmless Pinkminds Healthtech Private Limited and its parent, subsidiaries, affiliates, officers, directors, employees, suppliers, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your use of the Services, Your violation of the Privacy Policy or these Terms and conditions of Services, or Your violation of any third party’s rights, including without limitation, infringement by You or any other customers/participant’s of Your account of any intellectual property or other right of any person or entity. These Terms and conditions of Services will insure to the benefit of Pinkminds Healthtech Private Limited’s successors, assignees, and licensees.
12. Proprietary Rights To The Content:
You acknowledge that the Content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or distributed via email, commercially produced information presented to the customers/participant’s by Pinkminds Healthtech Private Limited, its suppliers, and/or advertisers, is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. You are not permitted to copy, use, reproduce, distribute, perform, display, or create derivative works from the Content unless expressly authorized by Pinkminds Healthtech Private Limited, its suppliers, or advertisers.
13. Notices:
Except as otherwise stated in these Terms and conditions of Services, all notices to a party shall be in writing and shall be made either via email or Postal service. Notice shall be deemed given 24 hours after an email is sent, or 3 days after deposit to Member at the address provided by Member in the Registration Data and to Pinkminds Healthtech Private Limited at the address set forth below:
Pinkminds Healthtech Private Limited
22, Mrugya Nagar Co Op H Soc,
B/H Nirali Flat, Vejalpur,
Railway Crossing,
Vejalpur, Ahmedabad – 380015
14. Arbitration; Injunctive Relief:
Any dispute, controversy, or claim arising out of, relating to, or in connection with thisAgreement shall be settled by binding arbitration in accordance with the commercialarbitration rules in the Indian Law. The arbitration shall be conducted by a single arbitrator, selected in accordance with the rules in the Indian Law, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party has the right to seek any interim or preliminary relief from a court of competent jurisdiction in Ahmedabad in order to protect the rights of such party pending the completion of any arbitration hereunder, and both parties agree to submit to the exclusive jurisdiction of the courts of India and venue in Ahmedabad, Gujarat for any such proceeding.
15. General Provisions:
These Terms of Service will be governed by and construed in accordance with the laws of India without giving effect to any choice of law principles that would require the application of the laws of a different state. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and conditions of Services or Privacy Policy to be unenforceable or invalid, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law, and the remainder of the Terms of Service or Privacy Policy, as applicable, will continue in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Any waiver of any provision of the Terms and conditions of Services will be effective only if in writing and signed by Pinkminds Healthtech Private Limited. These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter/s.